What Happened
In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of Administrative Rules’ (JCRAR) authority to indefinitely suspend or block regulations, finding those powers unconstitutional.
In response, Governor Tony Evers sent a directive on August 12 to his cabinet secretaries, instructing agencies to “proceed without delay” in finalizing rules that had already cleared hearings, board approval, and other statutory steps but were held up under JCRAR review. His letter specifically told agencies to move forward on rules that had been awaiting action, signaling a major shift toward executive-driven rulemaking. Many of these rules are now moving through final publication and could take effect as soon as October 1.
What Is JCRAR?
JCRAR is a ten-member legislative committee (five senators, five representatives; six Republicans, four Democrats based on legislative majorities) created to oversee agency rulemaking.
Historically, it served as a powerful checkpoint, with authority to pause rules, demand modifications, or even block them indefinitely. The Court’s ruling removes that power, meaning agencies can now finalize rules once statutory steps—such as public hearings and agency approvals—are complete.
Rules Already Moving Forward
The governor’s directive has already set in motion 27 rules, including:
- Wolf management plan – framework for managing wolf populations and potential hunts.
- Water quality standards – updates to Wisconsin’s “antidegradation” policy on pollutant discharges, with implications for manufacturers, municipalities, and large farms.
- Lodging regulations – modernization of rules for hotels, motels, and tourist housing, including alarm placement and licensing categories.
Ongoing Dispute Over Legislative Authority
The debate is far from over. Last week, the GOP-controlled Joint Committee on Legislative Organization (JCLO) circulated a ballot directing the Legislative Reference Bureau, the nonpartisan legislative agency tasked with writing and publishing statutes, not to finalize or publish any rules that had not yet completed standing committee review. LRB Director Rick Champagne noted that while 14 of the proposed rules have cleared that process and are ready for publication, others—including the antidegradation policy, wolf plan, and lodging updates—remain in limbo.
Champagne emphasized that JCLO, as the LRB’s policymaking body, could prevent publication of those rules if it so directs. This underscores the unsettled tension between the governor’s directive and legislative leaders’ interpretation of their remaining oversight powers.
Why It Matters for Business
This shift moves Wisconsin toward a more executive-driven regulatory environment. For businesses, the impact is significant:
- Rules may take effect more quickly, leaving less time to plan for compliance.
- Agencies now have broader discretion to advance regulations, even over legislative objections.
- Opportunities to influence rules later in the process have narrowed, making early engagement with agencies more critical.
- Litigation risks may increase as trade associations and stakeholders test new rules in court.
Businesses in regulated industries—manufacturing, agriculture, energy, hospitality, and others—should prepare for a faster-moving regulatory environment. The best strategy is to monitor rule proposals closely and engage during the early stages of agency drafting and public comment.
